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ARTICLE · 02 NOVEMBER 2015

Judge Robinson Denies Plaintiffs' Class Certification And Dismisses Case In Class 8 Truck Transmission Antitrust Litigation

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Section 205 of the DGCL provides the Court of Chancery with broad powers to fashion declaratory and other appropriate remedies, and specifies considerations to be weighed by the Court of Chancery in fashioning these remedies.

United StatesAntitrust/Competition Law

By Memorandum Opinion entered by The Honorable Sue L. Robinson in In Re Class 8 Transmission Indirect Purchaser Antitrust Litigation, Civil Action No. 11-00009-SLR (D.Del., October 21, 2015), the Court denied plaintiffs' class certification motion, found the case does not present a case or controversy under Article III, and dismissed the case.

By way of background, the suit was filed on behalf of and the proposed plaintiffs class was a number of purchasers of Class 8 trucks from one or more of defendants' authorized sales agents or dealers.  Defendants in the action were Eaton Corporation ("Eaton") and a number of Original Equipment Manufacturers ("OEMs").  Eaton manufactures transmissions for Class 8 trucks and the OEMs manufacture and sell Class 8 trucks.  In order to assemble and sell Class 8 trucks, OEMs purchase component parts, such as transmissions, from suppliers like Eaton.  Id. at 2.

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